- 6 - of the order and the agreement as written, we must first examine the terms and tenor of those contracts. 1. Order Among the relevant provisions of the order, paragraph 3 of the “Legal Notice” (p. 4) states: All charging orders for spousal support and alimony pendente lite, including unallocated orders for child and spousal support or child support and alimony pendente lite, shall terminate upon death of the payee. 2. Agreement Among the relevant provisions of the agreement, paragraph 10 (“Waiver Or Modification To Be In Writing”) states: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same similar nature. Moreover, paragraph 13 (“Integration”) reads: This agreement constitutes the entire understanding of the parties and supercedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. Section B (“Support, Alimony, and Alimony Pendente Lite Provisions”) states: Husband shall pay alimony pendente lite to Wife in the sum of One Thousand Four Hundred Dollars ($1,400) per month until entry of the decree in divorce between the parties or for a period of four (4) months after the execution date of this agreement. Such payments shall terminate in the event of Husband’s death of Wife’s prior death. The alimony pendente lite order for support shall remain in full force and effect until the divorce decree is entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011